When defense brings up a witness, prosecutors want to discredit, Can be used only if there is new evidence
Prosecutors (go first) show how much evidence all pointing to the guilt of the defendant Defense says prosecutors has not presented enough evidence to return a verdict "beyond a reasonable doubt" Points out loopholes in prosecutors case
Judges instructions to the Jury
Legal procedures and how they should decide based on the facts of the case/ not by emotion Presence of elements of the crime What reasonable doubt means: If absolutely convicted based on prosecutors presentation- return a verdict of guilty -if some doubt have a return a verdict of not guilty Any improper instructions can be cause of appeal
Unanimous (guilty, not guilty) Hung jury if not unanimous decision
Based on procedural violations -e.g. -admitting evidence that shouldn't have been; instructions to jurors guilty pleas exhorted without consent... Upon appeal, waive right to double jeopardy -penalties that is way beyond the "just" punishment
-Habeas Corpus: An order by a judge to examine if confinement is legal Review of conviction upon claim by offender that confinement if improper; a constitutional right was violated during adjunction - Only approx 1% are granted
Sentencing and Punishment (Sentencing) Judges responsibility
Influences: Administrative Context: Organizational constraints(overcrowding) Community values: has to run for position so cant be letting rapist go free Values of Judge: Personal attitudes towards the offense, the law Presentence Report: Complied by the probation department corrections: background of defendants(employment, prior records, family backgrounds) -Gives judge a better sense of what the defendant may need.
Primarily based on criminal history and severity of offense Developed due to disparities in sentencing Make sentencing more uniform(offenders, offense) --Lowest to Maximum --Need written reason if not follow grid
Retribution=Punish the offender for the harm done (eye for eye) Guiding principle: Blameworthiness of conduct Proportionality: No more, no less then deserved. Proportional= not exact correspondence of harm done, gives limits of leniency or severity, via sentencing guidelines.
all suffering is evil and punishment is suffering therefore punishment is evil. Cannot be justified using retribution, will only inflict suffering(evil) for nothing (harm has been done) - something good must come out of punishment to make it justifiable
Modify behavior of the offender
Modify the behavior of the general public who might be tempted to commit crimes
Difficulties of Deterrence
Hard to measure if behavior has been reformed bc of the punishment Punishment to achieve general deterrence might be different than punishment to achieve specific deterrence Deterrence Principle: Used to justify SEVERE penalties (history)
Holding a person in jail/prison to prevent him/her from committing other crimes. Presumption = person will commit crimes again and the conviction is made on the basis of future behavior. Ultimate incapacitation= death penalty Difficulties (pragmatic): not enough space in prison
Rehabilitation (forward looking)
Criminals considered sick individuals who need social intervention, conviction offers an opportunity for the society to do something about the person. Positive School: not altogether "free" Conditions have to be addressed to reform individuals. Use of indeterminate sentencing. Sentencing of min and max terms. Release determined if corrections officers thought had been reformed.
Used in approx 30% of convictions. Used for Severe offenses Forms of Prison sentencing: min and max is set. Discretion by corrections to release between time periods. Parole board hearing every 1-3 years after min is met. Common until 1980's - replaced by determinate sentencing
Time to serve is fixed, but can still have "good time" -after specified time is met, can release w/o parole hearing. "Truth-in-sentencing": laws that require offenders to serve a substantial proportion of their prison sentence before parole.
Range defined by sentencing guidelines for each crime, Often by a sentencing commission Judges can override, judges have the discretion within a limited. Can be adjusted by legislature to even out disparities
Mandatory Minimum Sentencing
Raises minimum sentences to be served Harsher for drug, weapon related crimes Judges do not have a choice.
Estimated 65% of adults in correctional institutes are on some type of probation Part of the rehabilitative philosphy Tied to incarceration: Often conditional of incarceration or jail/prison time. If probationer fails, will be incarcerated.
In between prison and probation- for cases where straight probation may be too leinet but prison to sever ex. boot camp
Diversion Programs (pre-adudication)
Especially for drug crims - offender needs treatment
'Fines: not used much in US Death Penalty: not in every state
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